Graduated Response : The Lesson

The European Commission opposed on Monday a flat refusal to French president Nicolas Sarkozy's request for deleting amendment 138 of the Telecoms Package. It is yet another slap in the face for the proponents of the graduated response.

Amendment 138, adopted on Sept. 24th by a wide majority of the European Parliament, directly opposes the French draft law setting up graduated response, as Nicolas Sarkozy explained himself to the Commission 1.

European Commission spokesman Martin Selmayr said: “The European Commission respects this democratic decision of the European Parliament. In our opinion this amendment is an important re-affirmation of the basic principles of the rule of law in the EU, in particular the fundamental rights of its citizens.” 2

La Quadrature du Net (Squaring the Net) welcomes this decision and this confirmation of its own analysis: French draft law is contrary to Community Law, especially because it sets up an administrative authority (HADOPI) entitled to cut internet access off in the name of Copyright. Yet, except when threats to public security are at stake, such a restriction can only be taken by the judicial authority, as reminded by amendment 138.

Thus, French government must go back to the drawing board, especially because, along with being harmful to fundamental rights, its draft law won't add an extra eurocent to artist's revenues.